20-311d.   Change of judge; procedure;grounds.(a) If a party or a party's attorney believes that the judge to whom anaction is assigned cannot afford that party a fair trial in the action, theparty or attorney may file a motion for change of judge. The motion shallnot state the grounds for the party's or attorney's belief. The judge shallpromptly hear the motion informally upon reasonable notice to all partieswho have appeared in the case. If the judge disqualifies the judge's self,the action shall be assigned to another judge by thechief judge.If the judge refuses to disqualify the judge's self, the party seeking achange of judge may file the affidavit provided for in subsection (b). Ifan affidavit is to be filed it shall be filed immediately.

      (b)   If a party or a party's attorney files an affidavitalleging any of the grounds specified in subsection (c), thechief judge shall at oncedetermine, or refer the affidavit to another districtjudge for prompt determination of, the legal sufficiency of the affidavit.If the affidavit isfiled in a district court in which there is no other judge who isqualified to hear the matter, thechief judge shall at once notify thedepartmental justice for the district and request the appointment ofanother districtjudge to determine the legal sufficiency of the affidavit. If the affidavitis found to be legally sufficient, the case shall be assigned to another judge.

      (c)   Grounds which may be alleged as provided in subsection (b) forchange of judge are that:

      (1)   The judge has been engaged as counsel in the action priorto the appointment or election as judge.

      (2)   The judge is otherwise interested in the action.

      (3)   The judge is related to either party to theaction.

      (4)   The judge is a material witness in the action.

      (5)   The party or the party's attorney filing the affidavithas cause to believe anddoes believe that on account of the personal bias, prejudice orinterest of the judge such party cannot obtain a fair and impartialtrial or fair and impartial enforcement of post-judgment remedies. Suchaffidavit shall state the facts and the reasons for the belief thatbias, prejudice or an interest exists.

      (d)   In any affidavit filed pursuant to this section, the recital ofprevious rulings or decisions by the judge on legal issuesor concerning the legalsufficiency of any prior affidavits filed by counsel for a party in anyjudicial proceeding, or filed by such counsel's law firm, pursuant tothis section, shall not be deemed legally sufficient for any belief thatbias or prejudice exists.

      History:   L. 1971, ch. 198, § 3; L. 1972, ch. 97, § 1; L. 1973,ch. 130, § 1; L. 1978, ch. 110, § 1;L. 1985, ch. 104, § 1;L. 1986, ch. 115, § 34;L. 1999, ch. 57, § 15; July 1.